Annual report

              K 300.3 A615 2008/09 c.1
KANSAS·OKLAHOMA
ARKANSAS RIVER COMMISSION
FORTY-SECOND ANNUAL REPORT
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" -~-'-"- I ----- MISSOURI
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\ ARKANSAS
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FISCAL 2009
July 1, 2008 to June 30, 2009
KANSAS-OKLAHOMA
ARKANSAS RIVER COMMISSION
FORTY-SECOND ANNUAL REPORT
FISCAL 2009
JULY 1, 2008 to JUNE 30, 2009
THE COMMISSION
WILLIAM FRANKLIN
Federal Commissioner
EARNIE GILDER
Alternate Federal Commissioner
DAVID W. BARFIELD, PEGGY J. BLACKMAN, KENT orr
Commissioners for Kansas
DUANE SMITH, J. ROSS KIRTLEY, BRYCE BENSON
Commissioners for Oklahoma
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TABLE OF CONTENTS
Page
Address to the President and State Governors 1
Members of the Commission 1
Officers of the Commission 1
Standing Committees 2
Meetings 2
Fiscal Accounting 2
Cooperative Studies of Water Supplies : 4
Findings of Fact by the Commission 4
New Conservation Storage Capacity 4
Table of Appendices 6
Appendix A - Auditor's Report 7
Appendix B - Table of Storage Capacity Constructed July 1, 2008 to June-30, 2009 14
Appendix C - Table of Storage Capacity Constructed July 1,1963 to June 30,2009 15
Appendix 0 - Summary of Apportionment of New Conservation Storage Capacity
on June 30, 2009 17
Appendix E - Summary of Replacement Storage Capacity on June 30, 2009 19
Appendix F - Stream Flow and Water Quality near State Line Reaches 21
Appendix G - Arkansas River Basin Compact, Kansas - Oklahoma, 1965 26
Appendix H - Rules and Regulations and Mode of Procedure as last amended
on July 28, 1999 34
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KANSAS-OKLAHOMA
ARKANSAS RIVER COMMISSION
FORTY~ECONDANNUALREPORT
FISCAL2009
JULY 1,2008 To JUNE 30,2009
TO: THE PRESIDENT OF THE UNITED STATES AND THE GOVERNORS OF THE
STATES OF KANSAS AND OKLAHOMA
Sirs: Pursuant to Article XI-B( 4) of the Arkansas River Basin Compact, the Kansas-
Oklahoma Arkansas River Commission submits its report for the Fiscal Year July 1,2008
through June 30, 2009 , as follows:
1. Members of the Commission (Article X - A, B, C)
a. Federal Commissioners:
William Franklin
Earnie Gilder (Alternate)
b. Kansas Commissioners:
David W. Barfield, Topeka, Kansas (term expires - continuous, but coincides
to duties ofthe State official who administers water law)
Peggy J. Blackman, Marion, Kansas (term expires -----)
Kent Ott, Mulvane, Kansas (term expires December 31,2006)
c. Oklahoma Commissioners:
Duane A. Smith, Oklahoma City, Oklahoma (term expires - continuous, but
coincides to duties ofthe State official who administers water law)
J. Ross Kirtley, Oklahoma City, Oklahoma (term expires - April 20, 2008)
Bryce Benson, Alva, Oklahoma (term expires - April 20, 2011)
2. Officers ofthe Commission:
a. Chairman:
William Franklin
b. Alternate Chairman:
Earnie Gilder
c. Secretary - Treasurer:
Harold l. Springer
1
3. Standing Committees:
a. Engineering Committee:
Julie Cunningham, Oklahoma, Chairman
Robert F. Lytle, Jr., Kansas, Member
b. Legal Committee:
Jerry Barnett, Oklahoma, Chairman
Burke Griggs, Kansas, Member
c. Budget and Finance Committee:
Julie Cunningham, Oklahoma, Chairman
Robert F. Lytle, Jr., Kansas, Member
(1) Balance on hand July 1,2008 $ 7,339.85
d. Publicity and Arrangements Committee:
Robert Portiss
4. Meetings:
5.
July 21,2009
fiscal Accounting:
Muskogee, Oklahoma Annual Meeting
a. Kansas - Oklahoma Arkansas River Commission Fund
(2) Receipts:
(a)August27,2008
(c) Setember 30,2008
Total receipts
Kansas
Oklahoma
$2,900.00
2,900.00
$ 5,800.00
(3) Total funds available: $13,139.85
(4) Disbursements by Commission - July 1,2008 to June 30,2009:
No. Date Payee and Purpose Amount
1184 07/23/08 Mi Tierra -Meeting Room 100.00
1185 07/23/08 Harold L. Springer, P.E.
Office expenses, suppliesApr -Jun 2008 900.00
08/10108 Bank Charges (Audit Form) 25.00
1186 10/14/08 Harold L. Springer, P.E.
Office expenses, supplies Jul-Sep 2008 900.00
2
1187 10/14/08
1188 12/30108
Greg C. Huseth -Annual Audit
Harold L. Springer, PE.
Office expenses, supplies Oct -Dec 2008
Harold L. Springer, P E.
Office expenses, supplies Jan -Mar 2009
Copeland Insurance -Bond
450.00
900.00
1189 04/03/09
1190 04/07/09
900.00
100.00
Total Expenses 4,275.00
Summary
(5) Balance on hand July 1, 2008
Receipts
Total funds available
Disbursements
Balance on hand June 30, 2009
$7,339.85
5.800.00
$13,139.85
4.275.00
$8,864.85
b. At the Annual Meeting held on July 23,2009 the Commission adopted the
budget for the 2010 Fiscal Year, July 1,2009 to June 30, 2010:
Office expenses, rent and travel
Printing reports
Annual audit
Treasurer's bond
Annual meeting
Total
$ 3,600.00
500.00
550.00
200.00
450.00
$ 5,300.00
$ 5,300.00
1.500.00
$6,800.00
-1.000.00
$ 5,800.00
Budget for 2010 Fiscal Year
Contingency fund
Total funds needed for 2009 Fiscal Year
Estimated carryover on June 30, 2009
Actual funds needed for 201 0 Fiscal Year
In accordance with Article X - E of the Compact, the amount of such budget
shall be borne equally by the States of Kansas and Oklahoma in the amount
of$ 2,900.00 from each State.
c. Pursuant to provisions of the Compact (Article X - E) and of the Rules and
Regulations and Mode of Procedure of the Commission (Article VII - 5) the
receipts and disbursements ofthe Commission have been audited for the
period July 1, 2008 through June 30, 2009. The report of such audit is hereto
attached as AppendixA.
6. Cooperative Studies of Water Supplies
Conforming with instructions ofthe Commission, the Engineering Committee
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conducted studies of existing stream flow and water-quality data that are being
obtained by Federal and State agencies on streams in the Arkansas River basin,
that will be useful to the Commission in executing its responsibilities. The
Committee submitted specific recommendations which were approved by the
Commission. Accordingly, charts and tables showing the annual runoff and
pertinent water-quality data collected at U. S. Geological Survey and Kansas
Department of Health and Environment gaging stations near the state line on the
mainstem of the Arkansas River and its principal tributaries are published as
Appendix F ofthis report.
7. Finding of Fact by the Commission
The Commission had no occasion, during the period covered by this report, to
make any Finding of Fact (under the provisions of the Arkansas River Basin
Compact).
8. New Conservation Storage Capacity
Pursuant to provisions ofthe Compact (Articles 1/- G, V, and VI), there is listed
below all new Conservation Storage Capacity that has been constructed in the
States of Kansas and Oklahoma within the Arkansas River Basin as defined by
Article 1/- 0 of the Compact, during the period July 1, 2008 through June 30,2009.
NEW
CONSERVATION
STORAGE
VERDIGRIS RIVER BASIN
Kansas
Oklahoma
None
None
RIVER BASIN
GRAND-NEOSHO RIVER BASIN
Kansas
Oklahoma
(Acre-feet)
None
None
MAIN STEM ARKANSAS RIVER BASIN
Kansas
Oklahoma
None
None
SALT FORK RIVER BASIN
Kansas
Oklahoma
None
None
CIMARRON RIVER BASIN
Kansas
Oklahoma
None
None
All storage capacity constructed in the Compact area during the period July 1, 2008 to
June 30, 2009 is shown in Appendix B.
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Respectfully submitted,
WILLIAM FRANKLIN
Federal Commissioner
EARNIE GILDER
Alternate Federal Commissioner
DAVIDW. BARFIELD, PEGGY J. BLACKMAN, KENTOTT
Commissioners for Kansas
DUANE A. SMITH, J. ROSS KIRTLEY, BRYCE BENSON
Commissioners for Oklahoma
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TABLE OF APPENDICES
Appendix A - Auditor's Report 7
Appendix B - Table of Storage Capacity Constructed July 1,2008 to June 30,2009 14
Appendix C - Table of Storage Capacity Constructed July 1, 1963 to June 30, 2009 15
Appendix D - Summary of Apportionment of New Conservation Storage
Capacity on June 30, 2009 17
Appendix E - Summary of Replacement Storage Capacity on June 30,2009 19
Appendix F - Streamflow and Water Quality near State Line Reaches 21
Figure 1. Map showing location of gaging stations to obtain quality and flow data for
annual report.
Figure 2. Average Annual Discharge for Neosho River near Commerce, OK
Figure 3. Average Annual Discharge for Verdigris River at Independence, KS
Figure 4. Average Annual Discharge for Caney River at Ramona, OK
Figure 5. Average Annual Discharge for Arkansas River at Arkansas City, KS
Figure 6. Average Annual Discharge for Chikaskia River near Blackwell, OK
Figure 7. Average Annual Discharge for Salt Fork Arkansas River at Tonkawa, OK
Figure 8. Average Annual Discharge for Cimarron River near Waynoka,OK
Table 1. Observed Water Quality Data near State Line Reaches
Appendix G - Arkansas River Basin Compact, Kansas-Oklahoma, 1965 26
Appendix H - Rules and Regulations and Mode of Procedure as last
amended on July 28, 1999 34
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KANSAS - OKLAHOMA
ARKANSAS RIVER
COMMISSION
Audit 2009
a~Q;III Accounting, Consulting & Tax
7
KANSAS-OKLAHOMA
ARKANSAS RIVER COMMISSION
FINANCIAL STATEMENTS
For the Years Ending June 30, 2009 and 2008
TABLE OF CONTENTS
Independent Auditor 's Report
Statements of Assets, Liabilities &Net Assets
Statement of Changes in Net Assets
Statements of Cash Flows
Notes to the Financial Statements
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2
3
4
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a~tn;III
ACCOUNTING, CONSULTING & TAX
785-272-9500
785-478-1331 (fax)
6021 SW 29th Ste A # 313
Topeka, Kansas 66614
INDEPENDENT AUDITOR'S REPORT
To the Commissioners of
Kansas-Oklahoma Arkansas River Commission
I have audited the accompanying statements of assets, liabilities, and net assets-cash basis, of the Kansas-
Oklahoma Arkansas River Commission (a non-profit organization) as of June 30, 2009 and the related
statements of support, revenue and expenses-cash basis, and cash flows for the year then ended. These
financial statements are the responsibility of the organization's management. My responsibility is to express
an opinion on these financial statements based on my audits. I have accepted the prior year's Independent
Auditor's Report submitted by Greg C. Huseth, CPA P.A. on September 25,2008 for prior year comparative
information.
I conducted my audit in accordance with auditing standards generally accepted in the United States of
America. Those standards require that I plan and perform the audit to obtain reasonable assurance about
whether about whether the financial statements are free of material misstatement. An audit includes
examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An
audit also includes assessing the accounting principles used and significant estimates made by management,
as well as evaluating the overall financial statement presentation. I believe that my audit provides a
reasonable basis for my opinion.
As described in Note 1, these financial statements were prepared on the cash basis of accounting, which is a
comprehensive basis of accounting other than generally accepted accounting principles.
In our opinion, the financial statements referred to above presented fairly, in all material respects, the assets,
liabilities, and net-as sets-cash basis, of the Kansas-Oklahoma Arkansas River Commission as of June 30,
2009 and 2008, and its support, revenue and expenses for the years then ended, on the basis of accounting as de;; inNoteLC' "
(/I~ ./..~t-y~{~
Chearie Donaldson, CPA
d/b/a ACT III Accounting, Consulting & Tax
December 10, 2009
9
8,865 7,340
KANSAS-OKLAHOMA ARKANSAS RIVER COMMMISSION
STATEMENTS OF ASSETS, LIABILITIES, AND NET ASSETS - CASH BASIS
June 30, 2009 and 2008
ASSETS
Cash
Total Assets
2009 2008
8,865 7,340
LIABILITIES
Net Assets
Total Liabilities & Net Assets
8,865 7,340
8,865 7,340
The accompanying notes are an integral part of these financial statements
-2-
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KANSAS-OKLAHOMA ARKANSAS RIVER COMMMISSION
STATEMENTS OF SUPPORT, REVENUE AND EXPENSES - CASH BASIS
Years Ended June 30, 2009 and 2008
2009 2008
SUPPORT AND REVENUE
Kansas Department of Agriculture 2,900 2,850
Oklahoma Water Resources Board 2,900 2,850
Total Support and Revenue 5,800 5,700
EXPENSES
Office Expenses 3,600 2,700
Meeting 100 0
Bank Charges 25 25
Audit 450 425
Insurance 100
Total Expenses 4,275 3,150
Revenues Over (Under) Expenses 1,525 2,550
Beginning Net Assets 7,340 4,790
Ending Net Assets 8,865 7,340
The accompanying notse are an integral part of these financial statements
-3-
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KANSAS-OKLAHOMA ARKANSAS RIVER COMMISSION
STATEMENTS OF CASH FLOWS - CASH BASIS
Years Ended June 30, 2009 and 2008
2009 2008
CASH FLOW FROM OPERATING ACTIVITIES
Cash received from Kansas and Oklahoma 5,800 5,700
Interest income received 0 0
Cash paid to vendors (4,275) (3,150)
Net Cash Provided by operating activities 1,525 2,550
CASH FLOW FROM INVESTING ACTIVITIES 0 0
CASH FLOW FROM FINANCING ACTIVITIES 0 0
NET INCREASE (DECREASE) IN CASH 1,525 2,550
BEGINNING CASH 7,340 4,790
ENDING CASH 8,865 7,340
The acomopanying notes are an integral part of these financial statements
-4-
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KANSAS-OKLAHOMA ARKANSAS RIVERCOMMISSION
NOTESTO FINANCIAL STATEMENTS
June 30, 2009 and 2008
Note 1-Summary of significant accounting policies
This summary of significant accounting policies of the Kansas-Oklahoma Arkansas River Commission
(the Organization) is presented to assist in understanding the Organization's financial statements. The
financial statements and notes are representations of the Organization's management, who is
responsible for their integrity and objectivity. These accounting policies conform to the cash basis of
accounting, which is a comprehensive basis of accounting other than generally accepted accounting
principles, applied in the preparation of the financial statements.
Nature of Operations - The Organization is an interstate administrative agency organized under the
Arkansas River Basin Compact. Its primary purpose is to administer the water apportionment agreed to
in the Compact.
Basis of accounting - The Organization's policy is to prepare its financial statements on the cash basis.
Under this basis, revenues are recognized when collected rather than when earned. Likewise,
expenditures are recognized when paid rather than when incurred. If an expenditure results in an asset
having an estimated useful life which extends substantially beyond the year of acquisition, the
expenditure is capitalized and depreciated over the estimated useful life of the asset. The Commission
currently has no fixed assets.
Cash and Cash equivalents - For purposes of the statement of cash flows, the Organization considers all
investment instruments purchased with a maturity of three months or less to be cash equivalents. The
Organization maintains its cash in bank accounts of local financial institutions. At June 30, 2009 and
2008, the Organization's cash balance was not in excess of the insured limits.
13
APPENDIX B
TABLE OF STORAGE CAPACITY
Constructed July 1, 2008 to June 30,2009
Storage in acre-feet
GRAND-NEOSHO RIVER BASIN IN KANSAS
None
GRAND-NEOSHO RIVER BASIN IN OKLAHOMA
None
VERDIGRIS RIVER BASIN IN KANSAS
None
VERDIGRIS RIVER BASIN IN OKLAHOMA
None
CIMARRON RIVER BASIN IN KANSAS
None
MAIN STEM ARKANSAS RIVER BASIN IN KANSAS
None
MAIN STEM ARKANSAS RIVER BASIN IN OKLAHOMA
None
SALT FORK RIVER BASIN IN KANSAS
None
SALT FORK RIVER BASIN IN OKLAHOMA
None
14
CIMARRON RIVER BASIN IN OKLAHOMA
None
APPENDIX C
TABLE OF STORAGE CAPACITY
Constructed July 1,1963 to June 30,2009
ARKANSAS RIVER BASIN IN KANSAS
Storage in acre-feet
Conser- Flood
Subbasin Inactive vation Control Total
Grand-Neosho River
July 1,1963 to June 30,2008 52,025 136,856 40,298 229,179
July 1, 2008 to June 30, 2009 0 0 0 0
Totals 52,025 136,856 40,298 229,179
Verdigris River
July 1, 1963 to June 30, 2008 51,696 62,964 219,282 333,942
July 1, 2008 to June 30, 2009 0 0 ~ __ 0
Totals 51,696 62,964 219,282 333,942
Main Stem Arkansas River
July 1, 1963 to June 30, 2008 46,477 159,073 174,924 380,474
July 1, 2008 to June 30, 2009 0 0 0 0
Totals 46,477 159,073 174,924 380,474
Salt Fork River
July 1, 1963 to June 30, 2008 3,508 5,300 12,813 21,621
July 1, 2008 to June 30, 2009 0 0 0 0
Totals 3,508 5,300 12,813 21,621
Cimarron River
July 1, 1963 to June 30, 2008 3,379 0 2,598 5,977
July 1, 2008 to June 30, 2009 0 0 __ 0 0
Totals 3,379 0 2,598 5,977
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APPENDIX C (Continued)
TABLE OF STORAGE CAPACITY
Constructed July 1, 1963 to June 30,2009
ARKANSAS RIVER BASIN IN OKLAHOMA
Storage in acre-feet
Conser- Flood
Subbasin Inactive vation Control Total
Grand-Neosho River
July 1, 1963 to June 30, 2007 5,435 0 2,662 8,097
July 1, 2007 to June 30, 2008 0 0 0 0
Totals 5,435 0 2,662 8,097
Verdigris River
July 1, 1963 to June 30, 2007 310,0671 978,016 597,479 1,885,562
July 1, 2007 to June 30, 2008 0 0 0 0
Totals 310,067 978,016 597,479 1,885,562
Main Stem Arkansas River
July 1, 1963 to June 30, 2007 245,932 157,588 153,881 557,671
July 1, 2007 to June 30, 2008 0 0 0 0
Totals 245,932 157,588 153,881 557,671
Salt Fork River
July 1, 1963 to June 30, 2007 47,424 1,267 5,018 53,706
July 1, 2007 to June 30, 2008 0 0 0 0
Totals 47,424 1,267 5,018 53,706
Cimarron River
July 1, 1963 to June 30, 2007 20,164 14,057 49,157 83,378
July 1, 2007 to June 30, 2008 0 0 0 0
Totals 20,164 14,057 49,157 83,378
1 Includes 168,000 acre-feet in Oologah Reservoir for navigation excluded as conservation
storage by Compact
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APPENDIX D
SUMMARY OF APPORTIONMENT OF
NEW CONSERVATION STORAGE
CAPACITY ON JUNE 30, 2009
Subbasin Acre-feet
KANSAS APPORTIONMENT
Grand-Neosho River
Compact Allocation ..: 650,000
Constructed in Oklahoma............................................................................... + °
Sub-Total 650,000
Constructed in Kansas -136,856
Remaining Allocation to Kansas 513,144
Verdigris River
Compact Allocation 300,000
Constructed in Oklahoma +978,016
Sub-Total 1,278,016
Constructed in Kansas - 62,964
Remaining Allocation to Kansas 1,215,052
Main Stem Arkansas River
Compact Allocation 600,000
Constructed in Oklahoma 157,588
Sub-Total 757,588
Constructed in Kansas -159,073
Remaining Allocation to Kansas 598,515
Salt Fork River
CompactAllocation 300,000
Constructed in Oklahoma................................................................................ + 1,267
Sub-Total 301,267
Constructed in Kansas 5,300
Remaining Allocation to Kansas 295,967
Cimarron River
Compact Allocation 5,000
Compact Allocation Constructed °
Construction Pursuant to Article V, E °
TotalAllocation to Kansas 5,000
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Subbasin Acre-feet
APPENDIX D (Continued)
SUMMARY OF APPORTIONMENT OF
NEW CONSERVATION STORAGE
CAPACITY ON JUNE 30, 2009
OKLAHOMA APPORTIONMENT
Cimarron River
Compact Allocation 5,000
Compact Allocation Constructed 5,000
Construction Pursuant to Article Vi + 9,057
Total Allocation to Oklahoma 14,057
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APPENDIX E
SUMMARY OF REPLACEMENT
CONSERVATION STORAGE CAPACITY
ON JUNE 30, 2009
Subbasin Acre-feet
KANSAS
Grand-Neosho River
Storage Made Unusable 0
Storage Replaced 0
Remaining to be 0
Verdigris River
Storage Made Unusable 461
Storage Replaced 0
Remaining to be 461
Main Stem Arkansas River
Storage Made Unusable 0
Storage Replaced 0
Remaining to be Replaced 0
Salt Fork River
Storage Made Unusable 0
Storage Replaced 0
Remaining to be Replaced 0
Cimarron River
Storage Made Unusable 0
Storage Replaced 0
Remaining to be Replaced 0
19
Subbasin acre-feet
APPENDIX E (Continued)
SUMMARY OF REPLACEMENT
CONSERVATION STORAGE CAPACITY
ON JUNE 30, 2009
OKLAHOMA
Grand-Neosho River
Storage Made Unusable 1,245
Storage Replaced a
Remaining to be Replaced 1,245
Verdigris River
Storage Made Unusable 6,500
Storage Replaced a
Remaining to be Replaced 6,500
Main Stem Arkansas River
Storage Made Unusable 1,000
Storage Replaced a
Remaining to be Replaced 1,000
Salt Fork River
Storage Made Unusable a
Storage Replaced a
Remaining to be Replaced a
Cimarron River
Storage Made Unusable a
Storage Replaced a
Remaining to be Replaced a
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APPENDIX F
STREAM FLOW AND WATER QUALITY
NEAR STATE LINE REACHES
On July 25,1973, at the Eight Annual Meeting of the Compact Commission, the Engineering
Committee was instructed to prepare on an annual basis, and include in the annual report, the
records of stream flow and water quality data at or near the state line reaches of the Grand-
Neosho, Verdigris, Caney, Arkansas, Chikaskia, Salt Fork, and Cimarron Rivers. On July 24,
1974, at the Ninth Annual Meeting, the Engineering Committee was instructed to include water
quality data to show the principal constituents of the dissolved solids. The data are taken from
U.S. Geological Survey and Kansas Department of Health and Environment Reports and are
shown in the accompanying graphs and tabulations.
Recorded annual flows for the period 1998 - 2008, and the annual average discharges for the
period of record are shown on bar graphs for each of the noted rivers. Quality data are given in
tabular form which show maximum and minimum values of chemical analysis, as indicated, and
principal constituents of the dissolved solids for each of the above noted rivers. The USGS
station number and location are shown on each graph and tabulation.
The annual flow totals for water year 2008 were above the annual average for all reported gages
with the exception of the Cimarron River near Waynoka, Oklahoma which was far below
average.
Detailed discharge and water quality data are published annually by the U.S. Geological Survey
in Water Resources Data for Kansas, and Water Resources Data for Oklahoma. Detailed water
quality data are published by the Kansas Department of Health and Environment in Water Quality
Data for Kansas.
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_.._.._.._.._.._ .._.._.._.._.
KANSAS
MISSOURI
COLORADO
TEXAS
ARKANSAS
OKLAHOMA
APPINDIX F- Figure 1. Map showing location of gaging stations to obtain quality and flow data for annnual report.
APPENDIX F - Figure 2
071850 Neosho River near Commerce, OK
69-YearAverage Discharge
2,758,000 ac-ftlyr
APPENDIX F - Figure 4
071755 Caney River at Ramona, OK
25-YearAverage Discharge
1,232,000 ac-ftlyr
2.5 -,-----------------
2
Qj
uQ),
Q) 1.5
~
"-o
en
c:: 1
~
~
0.5
o
APPENDIX F - Figure 3
071705 Verdigris River at Independence, KS
41-YearAverage Discharge
1,629,000 ac-ftlyr
3.5 -,-------------------:=_
3
2.5
Qj
Q) u,
-~uc 2
'0
~ 1.5
~
~ 1
0.5
o
1998
APPENDIX F - Figure 5
071465 Arkansas River at Arkansas City, KS
91-YearAverage Discharge
1,418,000 ac-ftlyr
3.5 -,---------------
3
2.5
Qj
uQ),
~ 2
~
"-o
~ 1.5
~
~ 1
0.5
o
1998 2008
23
APPENDIX F - Figure 6
071520 Chikaskia River near Blackwell, OK
73-Year Average Discharge
448,400 ac-ftlyr
APPENDIX F - Figure 7
071510 Salt Fork Arkansas River at Tonkawa, OK
67-Year Average Discharge
685,100 ac-ftlyr
1.6....---------------- 3....----------------
1.4
2003 2005 2007
2002 2004 2006 2008
Water Years
2.5
1.2
3l 2
ILeo
~ 1.5
o
en c:
~::2
(j) af 1
~ :J. _ 0.8
o
en c
~ 0.6
~
0.4
0.5
0.2
o
o
2008
APPENDIX F - Figure 8
071580 Cimarron River near Waynoka, OK
71-YearAverage Discharge
208,400 ac-ftlyr
0.4 ....----------------
0.35
0.3
(j)
af 0.25
~ :J. _ 0.2
o
en c
~ 0.15
~
0.1
0.05
o
2008
24
APPENDIX F - Table 1
OBSERVED WATER QUALITY DATA
NEAR STATE LINE REACHES
(Water Years)
071465-ARKANSAS RIVER AT ARKANSAS CITY, KANSAS
2004 2005 2006 2007 2008 Max. Min. Max. Min. Max. Min. Max. Min. Max. Min.
Dissolved Solids (mglL) 892 223 1030 246 1368 703 842 435 1050 333
Hardness (mg/L) 326 109 328 117 336 234 335 182 374 153
Water Temperature (OC) 26 7 28 5 28 7 28 4 22 5
Specific Conductance 1462 322 1801 346 2388 1197 1657 737 1859 446
(Micromhos daily)
071645.9-NEOSHO RIVER NEAR OSWEGO, KANSAS (OO~566)*
2004 2005 2006 2007 2008 Max. Min. Max. Min. Max. Min. Max. Min. Max. Min.
Dissolved Solids (mg/L) 289 161 339 177 315 233 282 127 341 190
Hardness (mg/L) 232 119 297 130 248 182 225 89 291 151
Water Temperature (DC) 28 16 28 9 32 10 28 7 30 7
Specific Conductance 465 228 597 265 548 384 467 171 577 309
(Micromhos daily)
071709.6-VERDIGRIS RIVER NEAR COFFEYVILLE, KANSAS (000215)*
2004 2005 2006 2D07- 2008 Max. Min. Max. Min. Max. Min. Max. Min. Max. Min.
Dissolved Solids (mg/L) 217 191 321 123 304 199 505 96 301 139
Hardness (mg/L) 167 142 242 96 210 156 256 75 242 100
Water Temperature (DC 29 16 28 8 31 10 27 10 29 8
Specific Conductance 355 322 563 196 546 344 863 153 531 182
(Micromhos daily)
071815.25-CHIKASKIA RIVER NEAR CORBIN, KANSAS (000529)*
2004 2005 2006 2007 2008 Max. Min. Max. Min. Max. Min. Max.- Min. Max. Min.
Dissolved Solids (mg/L) 372 220 395 337 384 228 380 281 393 167
Hardness (mg/L) 256 129 276 223 259 133 263 173 279 97
Water Temperature (DC) 30 8 30 2 30 8 29 4 23 4
Specific Conductance 603 278 643 563 619 143 629 240 680 183
(Micromhos daily)
STATION 4 -NEOSHO RIVER NEAR CHETOPA, KANSAS
2004 2005 2006 2007 2008 Max. Min. Max. Min. Max. Min. Max. Min. Max. Min.
312 225 545 122
263 177 404 80
30 10 28 7
546 370 806 160
Dissolved Solids (mg/L)
Hardness (mg/L)
Water Temperature (DC)
Specific Conductance
(Micromhos daily)
- No Data * Kansas Department of Health and Environment station number.
25
I
APPENDIX G
ARKANSAS RNER BASJN COMPACT
K A N SA S -0 K LA H 0 M A I 19
The State of Kansas and the State of Oklahoma, acting through their duly authorized Compact
representatives, Robert L. Smith and Warden L. Noe, for the State of Kansas, and George B.
Benz and Frank Raab, for the State of Oklahoma, after negotiations participated in by Trigg
Twichell, appointed by the President as the representative of the United States of America, and
in accordance with the consent to such negotiations granted by an Act of Congress of the United
States of America, approved August 11, 1955, (Public Law 340, 84th Congress, 1st Session)
have agreed as follows respecting the waters of the Arkansas River and its tributaries:
ARTICLE I
The major purposes of this Compact are:
A To promote interstate comity between the States of Kansas and Oklahoma;
B. To divide and apportion equitably between the States of Kansas and Oklahoma the
waters of the Arkansas River Basin and to promote the orderly development thereof;
C. To provide an agency for administering the water apportionment agreed to herein;
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D. To encourage the maintenance of an active pollution-abatement program in each of the
two States and to seek the further reduction of both natural and man-made pollution in
the waters of the Arkansas River Basin.
ARTICLE II
As used in this Compact:
A The term "State" shall mean either State signatory hereto and shall be construed to
include any person or persons, entity or agency of either State who, by reason of official
responsibility or by designation of the Governor of that State, is acting as an official
representative of that State;
B. The term "Kansas-Oklahoma Arkansas River Commission" or the term "Commission"
means the agency created by this Compact for the administration thereof;
C. The term "Arkansas River" means that portion of the Arkansas River from a point imme-diately
below the confluence of the Arkansas and Little Arkansas Rivers in the vicinity of
Wichita, Kansas, to a point immediately below the confluence of the Arkansas River with
the Grand-Neosho River near Muskogee, Oklahoma;
D. The term "Arkansas River Basin" means all of the drainage basin of the Arkansas River
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as delimited above, including all tributaries which empty into it between the upstream and
downstream limits;
E. The term "waters of the Arkansas River and its tributaries" means the water originating
in the Arkansas River Basin;
F. The term "conservation storage capacity" means that portion of the active storage capac-ity
of reservoirs, including multipurpose reservoirs, with a conservation storage capacity
in excess of 100 acre-feet, available for the storage of water for subsequent use, but it
excludes any portion of the storage capacity allocated to flood and sediment control and
inactive storage capacity allocated to other uses;
G. The term "new conservation storage capacity" means conservation storage capacity for
which construction is initiated after July 1, 1963, and storage capacity not presently
allocated for conservation storage which is converted to conservation storage capacity
after July 1, 1963, in excess of the quantities of declared conservation storage capacity
as set forth in the storage table attached to and made a part of the minutes of the Twenty
fourth meeting of the Compact Committee dated September 1, 1964, and as filed and
identified to this Compact in the offices of the Secretaries of State of the respective
States;
H. The term "pollution" means contamination or other alterations of the physical, chemical,
biological or radio-logical properties of water or the discharge of any liquid, gaseous, or
solid substances into any waters which creates or is likely to result in a nuisance, or
which renders or is likely to render the waters into which it is discharged harmful, detri-mental
or injurious to public health, safety, or welfare or which is harmful, detrimental or
injurious to beneficial uses of the water.
ARTICLE III
The physical and other conditions peculiar to the Arkansas River Basin constitute the basis for
this Compact, and neither of the States hereby, nor the Congress of the United States by its
consent hereto, concedes that this Compact establishes any general principle with respect to
any other interstate stream.
ARTICLE IV
A For the purpose of apportionment of water between the two States, the Arkansas River
Basin is hereby divided into major topographic subbasins as follows:
(1) the Grand-Neosho River Subbasin;
(2) the Verdigris River Subbasin;
(3) the Salt Fork River Subbasin;
(4) the Cimarron River Subbasin; and
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(5) the main stem Arkansas River Subbasin which shall consist of the Arkansas
River Basin, excepting the Grand-Neosho River, Verdigris River, Salt Fork River, and
Cimarron River subbasins.
B. The two States recognize that portions of other states not signatory to this Compact lie
within the drainage area of the Arkansas River Basin as herein defined. The water appor-tionments
provided for in this Compact are not intended to affect nor do they affect the
rights of such other states in and to he use ofthe waters ofthe basin.
ARTICLE V
The State of Kansas shall have free and unrestricted use of the waters of the Arkansas River
Basin within Kansas subject to the provisions of this Compact and to the limitations set forth
below:
A New conservation storage capacity in the Grand-Neosho River Subbasin within the State
of Kansas shall not exceed 650,000 acre-feet plus an additional capacity equal to the
new conservation storage in said drainage basin in Oklahoma excepting storage on
Spavinaw Creek;
B. New conservation storage capacity in the Verdigris River Subbasin within the State of
Kansas shall not exceed 300,000 acre-feet plus an additional capacity equal to the new
conservation storage in said drainage basin in Oklahoma, excepting navigation capacity
allocated in Oologah Reservoir;
C. New conservation storage capacity in the mainstem Arkansas River Subbasin within the
State of Kansas shall not exceed 600,000 acre-feet plus an additional capacity equal to
the new conservation storage in said drainage basin in Oklahoma;
D. New conservation storage capacity in the Salt Fork River Subbasin within the State of
Kansas shall not exceed 300,000 acre-feet plus an additional capacity equal to the new
conservation storage in said drainage basin in Oklahoma;
E. New conservation storage capacity in the Cimarron River Subbasin within the State of
Kansas shall not exceed 5,000 acre-feet, provided that new conservation storage capac-ity
in excess of that amount may be constructed if specific project plans have first been
submitted to and have received the approval ofthe Commission.
ARTICLE VI
The State of Oklahoma shall have free and unrestricted use ofthe waters of he Arkansas River
Basin within Oklahoma subject to the provisions ofthis Compact and to the limitations set forth
below:
New conservation storage capacity in the Cimarron River Subbasin within the State of Oklahoma
shall not exceed 5,000 acre-feet provided that new conservation storage capacity in excess of
that amount may be constructed if specific project plans have first been submitted to and have
received the approval of the Commission.
ARTICLE VII
A The Commission shall determine the conditions under which one State may construct
and operate for its needs new conservation storage capacity in the other State. The
construction Of utilization of new conservation storage capacity by one State in the other
State shall entitle the State whose storage potential is reduced by such construction to
construct an equal amount of new conservation storage agreeable to the Commission.
B. New conservation storage capacity constructed by the United States or any of its agen-cies,
instrumentalities or wards, or by a State, political subdivision thereof, or any person
or persons shall be charged against the State in which the use is made.
C. Each State has the unrestricted right to replace within the same subbasin any
conservation storage capacity made unusable by any cause.
D. In the event reallocation of storage capacity in the Arkansas River Basin in Oklahoma
should result in the reduction of that State's new cons
ARTICLE VIII
A In the event of importation of water to a major subbasin of the Arkansas River Basin from
another river basin, or from another major subbasin within the same State, the State
making the importation shall have exclusive use of such imported waters.
B. In the event of exportation of water from a major subbasin for use in another major
subbasin or for use outside the Arkansas River Basin within the same State, the limita-tions
of Articles V and VI on new conservation capacity shall apply against the subbasin
from which the exportation is made in the amount of the storage capacity actually used
for that purpose within the exporting subbasin, or in the event of direct diversion of water
without storage, on thebasis of 5 acre-feet of conservation storage capacity for each
acre foot of water on the average so diverted annually.
C. Any reservoir storage capacity which is required for the control and utilization of imported
waters shall not be accounted as new conservation storage.
Should a trans basin diversion of water of the Arkansas River Basin be made in one State for the
use and benefit ofthe other State or both States, the Commission shall determine a proper
accounting of new conservation storage capacities in each State in accordance with the above
principles and with the project uses to be made in that State.
ARTICLE IX
The States of Kansas and Oklahoma mutually agree to:
D. The principle of individual State effort to abate man-made pollution within each State's
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ARTICLE X
respective borders, and the continuing support of both States in an active pollution-abate-ment
program;
E. The cooperation of the appropriate State agencies in Kansas and Oklahoma toinvestigate
and abate sources of alleged interstate pollution within the Arkansas River Basin whenever
such matters are called to their attention by the Commission;
F. Enter into joint programs for the identification and control of sources of natural pollution
within the Arkansas River Basin which the Commission finds are of interstate significance;
G. The principle that neither State may require the other to provide water for the purpose of
water-quality control as a substitute for adequate waste treatment;
H. Utilize the provisions of the Federal Water Pollution Control Act in the resolution of any
pollution problems which cannot be resolved within the provisions of this Compact.
A There is hereby created an interstate administrative agency to be known as the "Kansas-
Oklahoma Arkansas River Commission". The Commission shall be composed of three
commissioners representing each of the States of Kansas and Oklahoma who shall be
appointed by the Governors of the respective States and, if designated by the President,
one commissioner representing the United States. The President is hereby requested to
designate a Commissioner and an altemate representing the United States. The Federal
Commissioner, if one be designated, shall be the presiding officer of the Commission, but
shall not have the right to vote in any of the deliberations of the Commission.
B. One Kansas Commissioner shall be the State official who now or hereafter shall be re-sponsible
for administering water law in the State; the other two Commissioners shall
reside in the Arkansas River Basin in Kansas and shall be appointed to four-year staggered
terms.
C. One Oklahoma Commissioner shall be the State official who now or hereafter shall be
responsible for administering water law in the State; the other two Commissioners shall
reside in the Arkansas River Basin in Oklahoma and shall be appointed to four-year stag-gered
terms.
D. A majority of the Commissioners of each State and the Commissioner or his alternate
representing the United States, if so designated, must be present to constitute a quorum. In
taking any Commission action, each signatory State shall have a single vote representing
the majority opinion of the Commissioners of that State.
E. The salaries and personal expenses of each Commissioner shall be paid by the Govern-ment
which h-Oklahoma Arkansas River Commission Fund". Such fund shall be initiated
and maintained by equal payments of each State into the fund. Disbursements shall be
made from said fund in such manner as may be authorized by the Commission. Such
funds shall not be subject to the audit and accounting procedures of the States; however,
all receipts and disbursements of funds handled by the Commission shall be audited by a
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qualified independent public accountant at regular intervals, and the report of such audit
shall be included in and become a part of the annual report of the Commission.
ARTICLE XI
A The Commission shall have the power to:
(1) Employ such engineering, legal, clerical and other personnel as in its judgment may
be necessary for the performance of its functions under the Compact;
(2) Enter into contracts with appropriate State or Federal agencies for the collection,
correlation, and presentation of factual data, for the maintenance of records and for
the preparation of reports;
(3) Establish and maintain an office for the conduct of its affairs;
(4) Adopt rules and regulations governing its operations;
(5) Cooperate with Federal agencies in developing principles, consistent with the provi-sions
of this Compact and with Federal policy, for the storage and release of water
from all-Federal capacities of Federal reservoirs, both existing and future within the
Arkansas River Basin, for the purpose of assuring their operation in the best inter-ests
of the States and the United States;
(6) Permit either State, with the consent of the proper operating agency, to impound
water, for such periods of time deemed necessary or desirable by he Commission,
in available reservoir storage capacity which is not designated as conservation or
new conservation storage capacity for subsequent release and use for any purpose
approved by the Commission;
(7) Hold hearings and take testimony and receive evidence at such times and
places as it deems necessary;
(8) Secur-e from the head of any department or agency of the Federal or State govern-ment
such information, suggestions, estimates and statistics as it may need or
believe to be useful for carrying out its functions and as may be available to or
procurable by the department or agency to which the request is addressed;
(9) Print or otherwise reproduce and distribute all of its proceedings and reports.
B. The Commission shall:
(1) Cause to be established, maintained and operated such stream, reservoir, or other
gaging stations as may be necessary for the proper administration of the Compact;
(2) Collect, analyze and report on data as to stream flows, water quality, conservation
storage, and such other information as is necessary for the proper administration of
the Compact;
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ARTICLE XII
(3) Perform all other functions required of it by the compact and do all things necessary,
proper or convenient in the performance of its duties thereunder;
(4) Prepare and submit an annual report to the Governor of each signatory State and to
the President of the United States covering the activities of the Commission for the
preceding fiscal year, together with an accounting of all funds received and ex-pended
by it in the conduct of its work;
(5) Prepare and submit to the Governor of each of the States of Kansas and Oklahoma
an annual budget covering the anticipated expenses of the Commission for the
following fiscal year;
(6) Make available to the Governor or any State agency of either State or to any autho-rized
representative of the United States, upon request, any information within its
possession.
A Recognizing the present limited uses of the available water supplies of the Arkansas
River Basin in the two States and the uncertainties of their ultimate water needs, the
States of Kansas and Oklahoma deem it imprudent and inadvisable to attempt at this
time to make final allocations of the new conservation storage capacity which may
ultimately be required in either State, and, by the limitations on storage capacity imposed
herein, have not attempted to do so. Accordingly, after the expiration of 25 years follow-ing
the effective date of this Compact, the Commission may review any provisions of the
Compact for the purpose of amending or supplementing the same, and shall meet for the
consideration of such review on the request of the Commissioners of either State;
provided, that the provisions hereof shall remain in full force and effect until changed or
amended by unanimous action of the States acting through their Commissioners and
until such changes are ratified by the legislatures of the respective States and consented
to by the Congress in the same manner as this Compact is required to be ratified to
become effective.
B. This Compact may be terminated at any time by the appropriate action of the legislatures
of both sign-atory States.
C. In the event of amendment or termination of the Compact, all rights established
under the Compact shall continue unimpaired.
ARTICLE XIII
Nothing in this Compact shall be deemed:
A To impair or affect the powers, rights or Obligations of the United States, or hose claiming
under its authority, in, over and to the waters of the Arkansas River Basin;
B. To interfere with or impair the right or power of either signatory State to regulate within its
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boundaries the appropriation, use and control of waters within that State not inconsistent
with its obligations under this Compact.
ARTICLE XIV
If any part or application of this Compact should be declared invalid by a court of competent
jurisdiction, all other provisions and applications ofthis Compact shall remain in full force and
effect.
ARTICLE XV
This Compact shall become binding and obligatory when it shall have been ratified by the
legislatures of each State and consented to by the Congress of the United States, and when the
Congressional Act consenting to this Compact includes the consent of Congress to name and
join the United States as a party in any litigation in the United States Supreme Court, if the United
States is an indispensable party, and ifthe litigation arises out ofthis Compact or its application,
and if a signatory State is a party thereto. Notice of ratification by the legislature of each State
shall be given by the Governor of that State to the Governor of the other State and to the
President of the United States and the President is hereby requested to give notice to the
Governor of each State of consent by the Congress of the United States.
IN WITNESS WHEREOF, the authorized representatives have executed three counterparts
hereof each of which shall be and constitute an original, one of which shall be deposited in the
Archives of the Department of State of the United States, and one of which shall be forwarded to
the Governor of each State.
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APPENDIX H
RULES AND REGULATIONS AND MODE OF PROCEDURE FOR THE
KANSAS-OKLAHOMA ARKANSAS RIVER COMMISSION
(As Amended to July 28,1999)
ARTICLE I
THE COMMISSION
1. The Commission shall be that Commission referred to in Article X of the Arkansas River
Basin Compact, Kansas-Oklahoma.
2. The credentials of each Commissioner shall be filed with the Chairman of the Commission.
3. Each Commissioner shall advise in writing the office of the Commission as to his
address to which all official notices and other communications of the Commission shall
be sent to him and shall further promptly advise in writing the office of the Commission
as to any changes of such address.
ARTICLE II
OFFICERS
1. The Officers of the Commission shall be:
Chairman
Secretary
Treasurer
2. The Commissioner, or in his absence his Alternate, representing the United States shall
be the Chairman of the Commission. The Chairman shall preside at the meetings of the
Commission. His duties shall be such as are usually imposed upon such officer and
such as may be assigned to him by these rules or by the Commission from time to time
provided, however, that the Commissioner representing the United States shall not have
the right to vote.
3. The Secretary need not but may be a Member of the Commission. The Secretary shall
be selected by the Commission. He shall serve for such term and and receive such
salary and perform such duties as the Commission may direct. In the case of vacancy in
the Office of the Secretary, the Commission shall proceed as expeditiously as possible
.to select a new Secretary.
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4. The Treasurer shall receive, hold and disburse all funds of the Commission which come
into his hands. The Treasurer shall furnish a fidelity bond in an amount satisfactory to the
Commission. The cost of such bond shall be paid by the Commission.
5. The offices of Secretary and Treasurer may be held by the same person.
ARTICLE III
PRINCIPAL OFFICE
1. The principal office of the Commission shall be the office of the Secretary.
2. The principal office shall be open for business at such hours and on such days as the
Commission from time to time directs.
3. All books and records of the Commission shall be kept in the principal office of the
Commission. All records of the Commission shall be open to inspection by the public
during the hours the principal office is open for business.
ARTICLE IV
MEETINGS
1. The annual meeting of the Commission shall be held on the fourth Wednesday of July
each year, provided, the Commission may, by unanimous agreement of all
Commissioners, select and designate an alternate date for holding the annual meeting.
2. Special meetings of the Commission may be called by the Chairman at any time. Upon
written request of a majority of the Commissioners of either of the signatory states
setting forth the matters to be considered at such special meetings, it shall be the duty of
the Chairman to call a special meeting.
3. Notice of all special meetings of the Commission shall be sent by the Secretary, to all
members of the Commission by ordinary mail at least ten days in advance of each
meeting and such notice shall state the purpose thereof.
4. All meetings of the commission shall be held at such place as shall be agreed upon by
the Commission.
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5. Minutes of the Commission shall be preserved in a suitable manner. Minutes
6. Until approved shall not be official and such unofficial minutes shall be furnished only to
members of the Commission, its employees and committees.
7. A majority of the Commissioners of each state and the Commissioner or his alternate
representing the United States, if so designated, must be present to constitute a quorum.
For purposes of a quorum and participation in meetings, any person properly acting on
behalf of the State official responsible for administering water law in the State of Kansas
shall be considered a Kansas Commissioner, and any person properly acting on behalf
of the State official responsible for administering water law in the State of Oklahoma shall
be considered an Oklahoma Commissioner. Credentials showing that such persons are
properly acting on behalf of the State officials shall be filed with the Chairman of the
Commission prior to each meeting in which such persons attend.
8. Each signatory state shall have a single vote representing the majority opinion of the
Commissioners of that State, in any deliberations of the Commission. The
Commissioner representing the United States shall not have the right to vote.
9. A majority of the Commissioners present of each signatory state must concur in any
action taken by the Commission.
10. At each meeting of the Commission, the order of business, unless agreed otherwise,
shall be as follows:
Call to Order
Introductions and Announcements
Readings of the Minutes of the Last Meeting
Correction and Approval of Minutes of the Last Meeting
Report of Chairman
Report of Secretary
Report of Treasurer
Report of Committees
Unfinished Business
New Business
Adjournment
11. All meetings of the Commission, except executive sessions, shall be open to the public.
Executive sessions shall be open only to Members of the Commission and such
advisors as may be designated by each member and employee as permitted by the
Commission provided, however, that the Commission may call witnesses when in such
session.
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12. Any meeting of the Commission may be recessed from time to time from the place set
for the meeting to another place at the sole discretion of the Chairman.
13. Special meetings may be conducted by long-distance telephone conference call or
other electronic means. Unless a different location is designated in the notice of the
meeting, the public may attend such meeting at the offices of either of the
Commissioners who are the State officials responsible for administrating water law in
the States. Any such long-distance telephone conference call or other electronic
communication shall be recorded and made available for public inspection in
accordance with the laws of the respective state.
ARTICLE V
COMMITTEES
1. There shall be the following standing committees:
Engineering Committee
Legal Committee
Budget Committee
2. The committees shall have the following duties:
(a) The Engineering Committee shall advise the Commission on all engineering
matters that may be referred to it.
(b) The Legal Committee shall advise the Commission on all legal matters that may
be referred to it.
(c) The Budget Committee shall prepare the annual budget and advise the
Commission on all fiscal matters that may be referred to it.
3.. Members of standing committees shall be appointed by the Commission. The number of
members of each committee shall be determined from time to time by the Commission.
Each state shall nominate the member or members representing that state to serve on
each committee.
4. The Chairman shall be Ex-Officio Member of all committees and may appoint additional
Ex-Officio Members to committees. .
5. The Chairman of each committee shall be designated by the Commission.
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6. The Commission may from time to time create special committees, composed of such
members and others, and assign such tasks as the Commission may determine.
7. Formal committee reports shall be made in writing and filed with the Commission.
ARTICLE VI
RULES AND REGULATIONS
1. So far as is consistent with the Kansas-Oklahoma Arkansas River Compact, the
Commission may adopt additional rules and regulations.
2. Rules and regulations of the Commission may be compiled and copies may be prepared
for distribution to the public under such terms and conditions as the Commission may
prescribe.
3. Amendments to the rules and regulations and mode for procedure of the Commission
may be made at any meeting of the Commission.
ARTICLE VII
FISCAL
1. All funds of the Commission shall be deposited in a depository, or depositories,
designated by the Commission under the name of the Kansas Oklahoma Arkansas
River Commission Fund. Such funds shall be initiated and maintained by equal
payment of each State into the fund.
2. Disbursements of funds in the hands of the Treasurer shall be made by check signed
by him upon voucher approved by the Budget Committee Chairman. The Budget
Committee Chairman may authorize expenditures above the budget not to exceed
$200.
3. At the annual meeting each year the Commission shall adopt and transmit to the
Governors of the two States, the budget covering an estimate of its expenses for the
following fiscal year.
4. The payment of expenses of the Commission and of its employees shall not be subject
to the audit and accounting procedure of the States.
5. All receipts and disbursements of the Commission shall be audited yearly by a qualified
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independent public accountant, to be selected by the Commission, and the report of
the audit shall be included and become part of the annual report of the Commission.
6. An up-to-date inventory of all the property of the Commission shall be kept at the principal
office of the Commission.
7. The fiscal year of the Commission shall begin July 1 of each year and end June 30 of the
next succeeding year.
ARTICLE VIII
ANNUAL REPORT
1. The Commission shall make and transmit annually on or before the last day of
September to the Governors of the signatory states of the Kansas Oklahoma Arkansas
River Compact and to the President of the United States, a report covering the activities
of the Commission for the preceding fiscal year.
2. The annual report shall include among other things, the following:
(a) The estimated budget
(b) Report of annual audit of the Kansas-Oklahoma Arkansas River Commission
Fund
(c) All Hydrologic data which the Commission deems pertinent
(d) Statements as to cooperative studies of water supplies made during the
preceding year
(e) All findings of facts made by the Commission during the preceding year
(f) Such other pertinent matters as the Commission may require
ARTICLE IX
MISCELLANEOUS
1. The Commission shall on request make available to the Governor of each of the
signatory states any information within the Commission's possession at any time,
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2 All contracts or other instruments in writing to be signed for and on behalf ofthe
Commission, except matters relating to the receipt or disbursement offunds, shall be
signed by the Chairman when authorized by the Commission.
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3. The Commission shall have the power to employ such engineering, legal, clerical and
other personnel as in its judgment may be necessary for the performance of its functions
under the compact.
ARTICLE X
HEARINGS
1. The Commission may hold hearings, and take testimony and receive evidence at such
times and places that it deems necessary. Such hearings may be held to determine
violations of the Kansas-Oklahoma Arkansas River Compact orto collect, analyze and
report on data as to stream flows, water quality, conservation storage, and such other
information as is necessary for the proper administration of the compact. Such hearings
may also be conducted for the purpose of securing information, suggestions, estimates and
statistics as the Commission may need or believe to be useful for carrying out its functions
and as may be available to or procurable from witnesses before the hearing.
2. All interested parties shall be afforded an opportunity for hearing after reasonable notice.
Such notice shall include:
(a) A statement of the time, place, and nature ofthe hearing
(b) A statement of the legal authority and jurisdiction under which the hearing is to be
held
(c) A reference to a particular matter and any statute and/or rules involved
(d) A short and plain statement ofthe matters asserted
If the Commission or any other interested party is unable to state the matters in detail at the
time the notice is served, the initial notice' may be limited to a statement ofthe issues.
Thereafter, upon application a more definite and detailed statement shall be fumished.
3. Opportunity shall be afforded to all interested parties to respond and present evidence
and argument on all issues involved in a hearing by the Commission.
4. The record in a proceeding shall include:
(a) All pleadings, motions and intermediate rulings
(b) Evidence received or considered
(c) The statement of matters officially noticed
(d) Questions and offers of proof, objections, and rulings thereon
(e) Proposed findings and exceptions thereto
(f) Any decision, opinion or report by the officer presiding at the hearing
(g) All staff memoranda or data submitted to the Commission in connection with their
consideration of the matters before such hearing
5. Findings of facts shall be based exclusively on the evidence and on the matters officially
noticed by the Commission.
6. In the case of a hearing on a violation of the Kansas-Oklahoma Arkansas River Compact,
oral proceedings or any part thereof shall be transcribed on request of any party charged
with such violation and the cost of transcription shall be paid by the requesting party.
ART!CLE XI
PROCEDURES BEFORE COMMISSION
1. The Commission may admit and give probative effect to evidence which possesses
probative value commonly accepted by reasonably prudent men in the conduct of their
affairs. It shall give effect to the rules of privileged communications recognized by law.
No greater exclusionary effect shall be given any such rule or privilege than would be
obtained in an action in court. The Commission may exclude incompetent, irrelevant,
immaterial and unduly repetitious evidence. Objections to evidentiary offers may be made
and shall be noted in the record. Subject to these requirements, when a hearing will be
expedited and the interest of the parties will not be prejudiced substantially, any part of
the evidence may be received in written form.
2. Documentary evidence may be received in the form of copies or excerpts, if the original
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is not readily available. Upon request, the parties shall be given an opportunity to
compare the copy with the original.
3. A party may conduct cross-examination required for a full and true disclosure of the
facts.
4. Notice may be taken of judicially recognizable facts. In addition, notice may be taken of
generally recognized technical or scientific facts within the Commission's specialized
knowledge. Parties shall be notified either before or during the hearing, or by reference in
preliminary reports or otherwise, of the material noticed, including any staff memoranda
or data, and they shall be afforded an opportunity to contest the material so noticed. The
Commission's experienced, technical competence and specialized knowledge may be
utilized in the evaluation of the evidence.
5. Apparent violations to the Compact shall be handled as follows:
(a) If there is an apparent violation to the Compact, it should be made known to the
Commission
(b) Apparent violators submit an explanation for said violation to the Commission
within 30 days of receipt of written notification of said violation from the
Commission
(c) That the Commission refer the apparent violation to the Engineering and Legal
Committees for investigation
(d) After due investigation has been made, the Engineering and Legal Committees
refer the matter to the Commission with recommendations concerning the action
to betaken
6. Any party shall at all times have the right to counsel, provided that such counsel must be
duly licensed to practice law in one of the States of the United States.
ARTICLE XII
FINDINGS
1. When the Commission finds that a violation of the Compact has occurred in a hearing
held by the Commission itself, it shall transmit its findings to the appropriate state
agencies in Kansas and/or Oklahoma to investigate and abate sources of the alleged
violations.
2. In the case of a hearing held to collect, analyze and report on data as to stream flows,
water quality, conservation storage, and such other information as is necessary for the
proper administration of the Compact, and the gathering of information, suggestions,
estimates and statistics as it may need or believe to be useful for carrying out its
functions and as may be available to or procurable from witnesses, the information
together with the Commission's final determination shall be forwarded to the proper
agency of each state charged with enforcement of pollution control and water
supervision, and a copy shall also be maintained in the permanent office of the
Commission. Said final determination shall include suggestions to the various states as
to action to be taken by them to aid in the enforcement of this Compact.
ARTICLE XIII
PUBLICITY
1. Prior to the close of each meeting, the Chairman shall draft a press release as directed
by the Commission and submit it to the Commission for approval. All approved releases
may be made available to the press by any member of the Commission.
2. All other press releases, if there be any, shall be released by and through the Chairman.
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